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User-Generated Content Policy

Modapaya User-Generated Content Promotion and Affiliate Ambassador Program Terms and Conditions

Effective Date: September 28, 2024

These Terms and Conditions ("Terms") govern your participation in the Modapaya User-Generated Content ("UGC") Promotion and Affiliate Ambassador Program (collectively, the "Program"). By participating in the Program, including by submitting videos or other content, claiming incentives, or enrolling as an Affiliate Ambassador, you agree to be bound by these Terms. If you do not agree, do not participate.

Modapaya ("we," "us," or "our") reserves the right to modify these Terms at any time. Continued participation after changes constitutes acceptance of the modified Terms. These Terms are in addition to our general website Terms of Service and Privacy Policy.

1. Introduction

The Program encourages customers to create and share original video content featuring Modapaya products (e.g., wearing our shirts) on social media platforms like TikTok and Instagram. In exchange for eligible content, participants may receive incentives such as store credit or refunds. Participants may also opt to become Affiliate Ambassadors to earn commissions on referrals. All activities must comply with applicable laws, including Federal Trade Commission ("FTC") guidelines on endorsements and disclosures.

This is a voluntary promotion focused on content creation, not solicited reviews. However, any content that endorses or promotes our products is subject to FTC rules.

2. Eligibility

  • You must be at least 18 years old or the age of majority in your jurisdiction.
  • You must be a customer who has purchased a Modapaya product.
  • Participation is open to residents of the United States.
  • Employees, affiliates, and immediate family members of Modapaya are ineligible.
  • We reserve the right to verify eligibility and disqualify participants at our discretion.

3. Participation and Content Submission

To participate:

  • Record a video of at least 20 seconds wearing your Modapaya shirt.
  • Post the video publicly on TikTok, Instagram, or both, tagging @modapaya in the video and caption.
  • Email the post link to contact@modapaya.com to claim your incentive.
  • Content must be original, created by you, and not infringe on third-party rights (e.g., no unauthorized music, logos, or likenesses).
  • Prohibited content includes anything illegal, harmful, defamatory, obscene, discriminatory, or violating our brand guidelines (available upon request).
  • For the Affiliate Ambassador option: Reply "YES" via email or the provided form to receive details on enrollment, which may require a separate agreement.

We may reject submissions that do not meet these criteria. Offer valid for 30 days from receipt of your order; one per order.

4. Required Disclosures (FTC Compliance)

Your participation creates a "material connection" with Modapaya due to the incentive provided, making your content an endorsement under FTC guidelines. To comply:

  • You must clearly and conspicuously disclose the incentive in your post/video. Examples:
    • In the video caption or description: "I received $10 store credit from @modapaya for sharing this video. #ad #sponsored"
    • Verbally in the video (at the beginning): "This post is sponsored by Modapaya—I got a refund for creating it."
    • Use platform tools like Instagram's "Paid partnership" tag or TikTok's "Branded Content" toggle.
  • Disclosures must be unavoidable (e.g., not buried in comments, hashtags only, or at the end where they might be missed).
  • Vague terms like "#gifted" are insufficient; explicitly mention the connection (e.g., "#ad", "#promotion", "#ModapayaPartner").
  • As the brand, we will instruct you on disclosures and may monitor posts. If a disclosure is missing, we may request correction or withhold incentives. Failure to disclose may result in legal liability for you and us under FTC rules, including potential fines.

For Affiliate Ambassadors: All sponsored posts must similarly disclose your affiliate relationship (e.g., "I earn commissions from purchases via my link. #affiliate").

5. Incentives and Claims

  • Eligible participants may choose: $10 store credit for your next order OR $5 direct refund on your current order.
  • Claims must be submitted via email with proof of post (link) and disclosure compliance.
  • Incentives are issued within 14 days of verification, subject to our discretion.
  • For Affiliate Ambassadors: Upon enrollment, you may earn commissions on referrals (details provided separately). Commissions are paid monthly via PayPal, minus taxes/fees.
  • Incentives are non-transferable, have no cash value beyond stated, and may be subject to taxes (your responsibility).
  • We reserve the right to modify or terminate incentives without notice.

6. Grant of Rights and License

By submitting content, you grant Modapaya a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, distribute, display, and promote your UGC (including your likeness) in any media for marketing, advertising, or other purposes. This includes sharing on our website, social media, or ads.

You retain ownership of your UGC but waive moral rights and agree not to challenge our use. You represent that you have all necessary rights to grant this license.

7. Representations and Warranties

You represent and warrant that:

  • Your UGC is original, accurate, and does not infringe intellectual property, privacy, or other rights.
  • You will comply with all laws, including FTC disclosure rules and platform policies.
  • You will not engage in actions that damage our reputation.
  • For Ambassadors: You will represent Modapaya truthfully and adhere to provided guidelines.

8. Liability Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, MODAPAYA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR PARTICIPATION, UGC, OR USE OF INCENTIVES, INCLUDING BUT NOT LIMITED TO CLAIMS RELATED TO INFRINGEMENT, MISREPRESENTATION, OR NON-COMPLIANCE WITH LAWS.

You agree to indemnify and hold Modapaya harmless from any claims, losses, or expenses (including attorneys' fees) arising from your UGC, breaches of these Terms, or violations of law (e.g., undisclosed endorsements).

We are not responsible for third-party actions, platform changes, or UGC after submission. Participation is at your own risk.

9. Confidentiality

If provided with confidential information (e.g., unreleased products for Ambassadors), you agree not to disclose it without our written consent. Breaches may result in legal action.

10. Termination

We may terminate your participation or the Program at any time, with or without cause. Upon termination, incentives may be forfeited, but your license grant survives.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws. Disputes shall be resolved through binding arbitration in Plano, Texas or courts in Collin County, Texas. You waive class action rights.

12. Contact

For questions, email contact@modapaya.com.

By participating, you acknowledge that you have read, understood, and agree to these Terms.